Applicant Name:  ?????

Application Receipt Date: 2011/12/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "The main reason for my request is so that I can make better use of the educational benefits available to those that have served.  However, I am also interested in getting it changed for personal reasons.  First, I would like to start by saying that there is no justification for my actions that resulted in my early discharge.  However, when I was told on 31 Aug 2010 by Cpt. T R that I was going to have to go back to pain management for a back/neck injury that occurred at the very beginning of my military career to be evaluated for surgery and if that did not relieve my pain and restore me to full duty, then I was going to have to go to an MEB.  When I heard this, I felt as though my whole world was being taken away from me.  Joining the Army was the best decision I had ever made in my life and the Army taught me that I could be more than I had ever thought I could be.  It gave me a sense of honor, integrity, and selflessness and I believe with all my heart that the Army was where I belonged.  I was working so hard to build a career for myself and was determined not to let the August 2008 injury that occurred at Ft. Benning during the Ranger Indoctrination Program hold me back from succeeding.  When I was told that I would probably end up going to an MEB even though I performed excellently during my tour in Afghanistan, I was crushed.  Unfortunately, I let my emotions get the better of me that night and I decided to go out drinking.  At some point during the night, while under the influence of alcohol, I smoked some marijuana - something I never would have done otherwise.  I admit that on that night, I temporarily lost my military bearing and did something incredibly stupid.  However, I don’t feel like this one blemish on an otherwise perfect record in the Army justifies my losing the educational benefits that I worked and served so hard for - especially since 80% of my time in the military was served with a painful injury."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 101124
Discharge Received: 			   Date: 110103   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: E Company, 1st Battalion, 501st Infantry, Fort Richardson, Alaska  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100410, wrongfully used marijuana (100801 – 100901); reduction to E-4; extra duty for 45 days; forfeiture of $993 pay per month for 2 months and restriction for 45 days to the limits of post, suspended, to be automatically remitted if not vacated (110320); (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 080129    Current ENL Term: 4 Years  24 Weeks
Current ENL Service: 	2 Yrs, 11 Mos, 5 Days ?????
Total Service:  		2 Yrs, 11 Mos, 5 Days ?????
Previous Discharges: 	None
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92G1P Food Service Operations Specialist   GT: 114   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (090305 - 100308)
Decorations/Awards: ARCOM, AAM, NDSM, ACM w/ CS, OSR, NATO MDL, ASR, CAB, VUA
V.  Post-Discharge Activity
City, State:   
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 24 November 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs, for wrongfully using marijuana, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 24 November 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 7 December 2010, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.   

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade to the applicant's characterization of discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because his quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished his quality of service below that meriting a fully honorable discharge.   
       
       The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.   
       
       The analyst noted the applicant's issue about his desire to use the benefits of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       The applicant contends he was injured at Fort Benning and that he should have been medically discharged; however, the analyst determined that Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct.  
       
       The analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 June 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, various awards and certificates, medical documents and a DD Form 214

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.


























 
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder


















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110024329
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